BILL NUMBER: SB 555	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Karnette

                        FEBRUARY 19, 1999

   An act to amend Section 457.1 of the Penal Code, relating to
arson.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 555, as introduced, Karnette.  Arson: registration.
   Existing law requires a convicted arsonist, as specified, to
register with certain local officials where he or she resides and
makes it a misdemeanor to fail to register.
   This bill would, in addition, subject persons convicted of
aggravated arson to the provisions described above.  By expanding the
scope of an existing crime, this bill would impose a state-mandated
local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 457.1 of the Penal Code is amended to read:
   457.1.  (a) As used in this section, "arson" means a violation of
Section 451  , 451.5,  or 453.
   (b) Upon a conviction of the offense of arson or attempted arson,
or upon the discharge or parole of any person from the Department of
the Youth Authority for the commission of the offense of arson or
attempted arson, the court shall impose, in addition to any other
penalty prescribed by law, a requirement that the person shall
register with the chief of police of the city in which he or she
resides, or with the sheriff of the county if he or she resides in an
unincorporated area, and with the chief of police of the campus of
the University of California or the California State University where
the person is domiciled, if he or she is domiciled on campus or in
any campus facility, within 30 days of coming into any county or city
in which he or she expects to reside or is temporarily domiciled for
at least 30 days.  The law enforcement agencies shall make
registration information available to the chief fire official of a
legally organized fire department or fire protection district having
local jurisdiction where the person resides.
   (c) Any person required to register pursuant to this section who
is discharged or paroled from a jail, prison, school, road camp, or
other penal institution, or from the Department of the Youth
Authority where he or she was confined because of the commission or
attempted commission of arson, shall, prior to the discharge, parole,
or release, be informed of his or her duty to register under this
section by the official in charge of the place of confinement.  The
official shall require the person to read and sign the form as may be
required by the Department of Justice, stating that the duty of the
person to register under this section has been explained to him or
her.  The official in charge of the place of confinement shall obtain
the address where the person expects to reside upon his or her
discharge, parole, or release and shall report the address to the
Department of Justice.  The official in charge of the place of
confinement shall give one copy of the form to the person, and shall,
not later than 45 days prior to the scheduled release of the person,
send one copy to the appropriate law enforcement agency having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; one copy to the prosecuting agency
that prosecuted the person; one copy to the chief fire official of a
legally organized fire department or fire protection district having
local jurisdiction where the person expects to reside upon his or her
discharge, parole, or release; and one copy to the Department of
Justice.  The official in charge of the place of confinement shall
retain one copy.  All forms shall be transmitted in time so as to be
received by the local law enforcement agency and prosecuting agency
30 days prior to the discharge, parole, or release of the person.
   (d) The duty to register under this section for offenses
adjudicated by a juvenile court shall cease 10 years after the
adjudication of the offense for which the registration was required.

   (e) All records relating specifically to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
required to register under this subdivision for offenses adjudicated
by a juvenile court attains the age of 25 years or has his or her
records sealed under the procedures set forth in Section 781 of the
Welfare and Institutions Code, whichever event occurs first.  This
subdivision shall not be construed to require the destruction of
other criminal offender or juvenile records relating to the case that
are maintained by the Department of Justice, law enforcement
agencies, the juvenile court, or other agencies and public officials
unless ordered by the court under Section 781 of the Welfare and
Institutions Code.
   (f) Any person who is required to register pursuant to this
section who is released on probation or discharged upon payment of a
fine shall, prior to the release or discharge, be informed of his or
her duty to register under this section by the court in which he or
she has been convicted, and the court shall require the person to
read and sign the form as may be required by the Department of
Justice, stating that the duty of the person to register under this
section has been explained to him or her.  The court shall obtain the
address where the person expects to reside upon his or her release
or discharge and shall report within three days the address to the
Department of Justice.  The court shall give one copy of the form to
the person, and shall send two copies to the Department of Justice,
which, in turn, shall forward one copy to the appropriate law
enforcement agency having local jurisdiction where the person expects
to reside upon his or her discharge, parole, or release.
   (g) The registration shall consist of (1) a statement in writing
signed by the person, giving the information as may be required by
the Department of Justice, and (2) the fingerprints and photograph of
the person.  Within three days thereafter, the registering law
enforcement agency shall forward the statement, fingerprints, and
photograph to the Department of Justice.
   (h) If any person required to register by this section changes his
or her residence address, he or she shall inform, in writing within
10 days, the law enforcement agency with whom he or she last
registered of his or her new address.  The law enforcement agency
shall, within three days after receipt of the information, forward it
to the Department of Justice.  The Department of Justice shall
forward appropriate registration data to the law enforcement agency
having local jurisdiction of the new place of residence.
   (i) Any person required to register under this section who
violates any of the provisions thereof is guilty of a misdemeanor.
Any person who has been convicted of arson or attempted arson and who
is required to register under this section who willfully violates
any of the provisions thereof is guilty of a misdemeanor and shall be
sentenced to serve a term of not less than 90 days nor more than one
year in a county jail.  In no event does the court have the power to
absolve a person who willfully violates this section from the
obligation of spending at least 90 days of confinement in a county
jail and of completing probation of at least one year.
   (j) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the Board of Prison Terms, the Department of the
Youth Authority, or the court, as the case may be, shall order the
parole or probation of that person revoked.
   (k) The statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
   (l) In any case in which a person who would be required to
register pursuant to this section is to be temporarily sent outside
the institution where he or she is confined on any assignment within
a city or county, including, but not limited to, firefighting or
disaster control, the local law enforcement agency having
jurisdiction over the place or places where that assignment shall
occur shall be notified within a reasonable time prior to removal
from the institution.  This subdivision shall not apply to any person
temporarily released under guard from the institution where he or
she is confined.
   (m) Nothing in this section shall be construed to conflict with
Section 1203.4 concerning termination of probation and release from
penalties and disabilities of probation.
   A person required to register under this section may initiate a
proceeding under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 and, upon obtaining a certificate of
rehabilitation, shall be relieved of any further duty to register
under this section.  This certificate shall not relieve the
petitioner of the duty to register under this section for any offense
subject to this section of which he or she is convicted in the
future.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.